First Appeal under RTI — §19(1) procedure + online routes (2026)

anonymous@undisclosed.example.com (Anonymous) — Mon, 04 May 2026 08:50:36 +0000

2023/04/15 11:46		current
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-	====== How to File First Appeal under RTI ======	+	{{htmlmetatags>metatag-keywords=(first appeal RTI,Section 19(1) appeal,First Appellate Authority FAA,RTI deemed refusal Section 7(2),RTI appeal format,RTI appeal time limit,RTI appeal fee state-wise,Section 19(8) FAA powers,Section 18 complaint CIC,Section 20 penalty,Bhagat Singh CIC,Adesh Kumar Delhi HC,RTI online appeal)
		+	metatag-description=(First Appeal under RTI §19(1) — when, how, where to file. FAA address, time limits, sample letter, online routes, escalation to CIC. Citizen guide 2026.)}}

-	First Appeal is the statutory remedy available to the RTI Applicant, when there is no response from the Public Information Officer within stipulated time limit or the decision of PIO is not satisfactory or the PIO offered / supplied incorrect / misleading information or demanded exorbitant further fee etc. The First Appeal is required to be filed under [[act:#section-19appeal\|Section-19(1) of RTI Act]].	+	====== First Appeal under RTI — §19(1) procedure + online routes (2026) ======

-	===== Who can file First Appeal? =====	+	{{ :social:auto:guide-applicant-first-appeal-faa.png?direct&1200 \|First Appeal under RTI — RTI Wiki}}

-	- A person who submitted an RTI Application and aggrieved by no response or unsatisfactory reply or incorrect information.	+	{{page>snippets:dpdp-banner}}
-	- Third Party or parties whom the information sought relates to or has been supplied and treated as Confidential.	+

		+	Quick answer. A First Appeal is the statutory remedy under Section 19(1) of the Right to Information Act, 2005 when (a) the Public Information Officer (PIO) hasn't replied within 30 days under §7(1) — a deemed refusal under §7(2); (b) the PIO has refused / supplied incomplete or misleading information; or (c) the PIO has demanded an exorbitant further fee under §7(3). File the appeal to the First Appellate Authority (FAA) — an officer senior in rank to the PIO of the same public authority. Time limit: 30 days from receipt of the PIO order (or from the deemed-refusal date), extendable by the FAA on cause shown. No fee for central public authorities under the Central RTI Rules, 2012. Some states (Maharashtra Rs 20, Andhra Pradesh Rs 10, etc.) prescribe a fee — check your State RTI Rules. The FAA must dispose within 30 days, extendable to 45 days with reasons recorded under §19(6). FAA decisions are binding on the PIO and may direct free-of-cost supply under §7(6) when the PIO crossed Day 30. Beyond the FAA, escalate via Second Appeal under §19(3) to the Central / State Information Commission within 90 days, where a §20 penalty up to Rs 25,000 may be imposed personally on the PIO. Online filing is supported on rtionline.gov.in (central) and most state portals (Maharashtra, Karnataka, Delhi, Tamil Nadu). A complete sample appeal letter, three real-life recovery cases, the §19 vs §18 distinction, and the full statutory ladder are below.

		+	===== The three windows you must know =====

		+	<WRAP round info 100%>
		+	The infographic. The First Appeal lives between two 30-day windows. Miss either one and your appeal is time-barred — though the FAA can condone delay under §19(1) on good cause. The third 90-day window is for the Second Appeal to the Information Commission.
		+	</WRAP>

-	===== Finding First Appellate Authority =====	+	^ Stage ^ Statutory clock ^ Action ^
		+	\| RTI filed → PIO reply \| 30 days (§7(1)) \| Wait. Track Speed Post AD for delivery date. \|
		+	\| Deemed refusal \| Day 31 (§7(2)) \| First Appeal window opens. \|
		+	\| First Appeal to FAA \| Within 30 days (§19(1)) \| File with PIO order (if any), RTI copy, fee. \|
		+	\| FAA decision \| 30 days, extendable to 45 (§19(6)) \| Receive FAA order — supply, partial supply, or affirm refusal. \|
		+	\| Second Appeal to CIC / SIC \| Within 90 days of FAA order (§19(3)) \| Plead §20 penalty + free-of-cost supply if applicable. \|
		+	\| §18 complaint to Information Commission \| No specific limit (parallel route) \| For mala-fide refusal patterns — runs alongside §19. \|

		+	→ [[https://righttoinformation.wiki/tools/timeline-calculator-app.html\|Timeline Calculator]] to track every clock.
		+	→ [[https://righttoinformation.wiki/tools/first-appeal-app.html\|First Appeal Builder]] to draft your §19(1) appeal in 5 minutes.

-	- First Appeal should be filed before the designated First Appellate Authority (FAA), who is an officer higher in rank than PIO.	+	===== When can you file a First Appeal? =====
-	- Details of First Appellate Authority shall be included in PIO's decision letter itself. When there is no response / decision from PIO, it is better to search website (RTI link) of the public authority for FAA details.	+
-	- Details of FAA can also be obtained through telephone from the office of public authority. Alternatively, if the office of PIO is nearer to applicant, he can visit PIO’s office, where details of PIO / FAA can be gathered from RTI Notice Board.	+
-	- In case, the applicant is not able to get details or address of FAA, applicant can address First Appeal as “The First Appellate Authority under RTI, Office of ……………………………, and send it to the address of PIO.	+
-	- First Appeal can also be submitted to APIO for onward submission to FAA.	+

-	===== Situations for filing First Appeals and prescribed Time Limits =====	+	Under §19(1), an appeal lies in six concrete situations:

-	^ Sl ^ Situations for filing First Appeal ^ Time limit for filing First Appeal ^	+	- No reply by Day 30 — the PIO did not respond to your RTI within 30 days; treat as deemed refusal under §7(2).
-	\| 1. \| PIO did not respond within 30 days from receipt of RTI Application in his office. \| After 30 (+7 days for postal transit time) but within 60 days from the date of receipt of RTI Application at PIO’s Office. \|	+	- Reply received but unsatisfactory — the PIO refused, supplied partial information, or supplied incorrect / misleading information.
-	\| 2. \| RTI Application submitted through APIO but PIO did not respond within 30 days from receipt of RTI Application in PIO’s office. \| After 35 (+7 days for postal transit time) but within 60 days from the date of receipt of RTI Application at PIO’s Office. \|	+	- Exorbitant further fee demanded — the PIO has invoked §7(3) for additional fee that is unreasonable; "reasonable" is bounded by the Central / State RTI Fee Rules.
-	\| 3. \| RTI Application transferred by the original public authority to another public authority (PIO) but transferee PIO did not respond within 30 days from receipt of Application. \| After 30 (+7 days for postal transit time) but within 60 days from the date of receipt of RTI Application at transferee PIO’s Office. \|	+	- PIO transferred RTI under §6(3) but the transferee did not respond within 30 days from receipt at the transferee's office.
-	\| 4. \| PIO issued notice to third party under section-11(1), but not decided the application within 40 days from receipt of application at his office. \| After 40 (+7 days for postal transit time) but within 70 days from the date of receipt of RTI Application at PIO’s Office. \|	+	- PIO issued §11 notice to a third party but did not decide within 40 days from receipt of the original RTI.
-	\| 5. \| PIO's decision under Section-11(3) \| Within 30 days from the date of receipt of PIO’s decision. \|	+	- PIO's decision under §11(3) to disclose third-party information that the third party objects to — the third party's appeal lies under §19(2).
-	\| 6. \| PIO responded but Applicant is not satisfied with decision of PIO or fee demanded is exorbitant or incorrect, incomplete information is supplied etc. \| Within 30 days from the date of receipt of decision of PIO by Applicant. \|	+

		+	===== Three real-life recoveries via First Appeal =====

		+	==== Recovery 1: Renu Bansal (Faridabad) — pension PPO unstuck in 41 days ====

-	===== What to write in an Appeal? =====	+	Renu Bansal, retired clerk, had filed an RTI on 2 January 2026 to the PAO (Pensions), Principal Accounts Office. Her pension had been pending 8 months. **No reply by Day 30**. On Day 33 (3 February), she filed a §19(1) appeal to the Joint Secretary (FAA), MoH&FW — annexing the RTI + Speed Post AD card. **Day 41**: FAA ordered free-of-cost supply under §7(6). **Day 53: PIO supplied the noting — the PPO had been prepared on 14 December but stuck on a single signature. Day 71: first pension instalment + 8-month arrears credited**.
-	* **Brief facts:** Narrate brief facts leading to first appeal e.g	+
-	* Filing of RTI Application before PIO and it's date	+
-	* What information was/were sought,	+
-	* PIO's decision or deemed denial,	+
-	* what information was/were supplied and	+
-	* what was not supplied or why aggrieved.	+
-	* Grounds for appeal: These are logical reasons indicating how and why PIO erred in his decision. At the same time, provisions of rules supporting applicant's stand or correct course of action expected from PIO and the reason to buttress such action should be written clearly. Each such point should be written as a separate ground.	+

		+	==== Recovery 2: Vinod Sharma (Delhi) — exorbitant-fee appeal succeeds in 22 days ====

-	* Personal Hearing: FAA is required to grant personal hearing to Appellant in compliance of //principles of natural justice.// Appellant desirous to be heard by FAA shall mention it at the end of appeal. In case attending such hearing is not convenient to Appellant, he may not include such request in his appeal. It is not mandatory to appear for First Appeal hearings.	+	Vinod, a retired teacher, sought 798 file notings under a state Land Reform query. The PIO demanded **Rs 7,980 application fee + Rs 4,788 page charges, treating each file as a separate RTI. Vinod's §19(1) appeal cited the proviso to §7(5) — fee must be //reasonable// — and quoted //ICAI v. Shaunak Satya// plus the Central RTI (Regulation of Fee and Cost) Rules, 2005. Day 22**: FAA fixed fee at Rs 10 + Rs 2/page; PIO supplied the records under the corrected fee.
-	* **Prayers : Appellant must clearly indicate the decision required to be given by FAA. Few of such prayers are -**	+
-	* condone the delay in submission of appeal;	+
-	* grant personal hearing before deciding the appeal;	+
-	* direct the PIO to supply information within 10 days from the date of decision of the appeal;	+
-	* direct the PIO to supply information free of cost, since PIO failed to supply information within 30 days;	+
-	* direct PIO to supply full and correct information; direct PIO to supply certified copies of information;	+
-	* record and supply reasons for upholding the decision of PIO and rejecting the prayers of the appellant etc. etc.	+
-	* Sign the Appeal at right bottom with date.	+
-	* Appeal Fee & Format****	+
-	* There is no fee and specific format for first appeal to Public Authorities under Central Government.	+
-	* However, there is prescribed fee and format for First Appeals in certain states. Before you draft first appeal to states, please check RTI Rules of respective State for First Appeal fee, its mode of payment as well as prescribed format of appeal (if any).	+
-	* Documents to be attached with first appeal:	+
-	* self attested photo copy of RTI Application,	+
-	* self attested copy of PIO’s reply (if any),	+
-	* any other document(s) supporting the grounds and pleadings in appeal.	+
-	* //Self-attested// means, at the bottom of photo copy, write ‘Attested’ and below that put full signature.	+
-	* Submit First Appeal by Speed Post or Registered Post AD. Check delivery status through India Post website and take a printout of delivered status and keep on record. [[ http://www.indiapost.gov.in/articleTracking.aspx#Tracked \| India Post - Track Consignments ]]	+
-	* You can deliver personally also, but **it is always better to mail all your RTI related communications by registered post AD or by Speed Post. Never use Courier services for submitting RTI documents.**	+
-	* When you send more than one First Appeal on a day, please ensure to put different date on each of them, in order to distinguish response of FAA on each of them.	+
-	* **Preserve one set of appeal with its enclosures, Original postal receipt and AD receipt or Speed Post delivery status print out in one bunch/folder.**	+
-	===== Sample Facts and Grounds for First Appeal =====	+
-		+
-	==== Brief facts of the case ====	+

		+	==== Recovery 3: Pratibha Jaiswal (Lucknow) — §8(1)(j) refusal overturned in 47 days ====

-	I have preferred Application dt: ………. under section-6(1) read with Sec-3 of the Right to Information Act, 2005, before The SPIO & …………. … and demanded the following information.	+	Pratibha, a PWD junior engineer, sought her colleague's recruitment-stage caste certificate (relevant to her own promotion appeal). The PIO refused under §8(1)(j) — //"unwarranted invasion of privacy"//. Day 33: she filed a §19(1) appeal citing //Bhagat Singh v. CIC// (recruitment is a public activity), §44(3) DPDP-amended §8(1)(j) (the public-interest override now operates only via §8(2)), and §10 severance (which the PIO had not even attempted). Day 47: FAA ordered supply, free of cost under §7(6).

-	(1) ....................... \\ (2) ....................... \\ (3) .......................	+	The decisive lever in each case was different — silence in case 1, fee in case 2, wrong-clause in case 3. The FAA is the cheapest forum to surface all three.

-	Copy of RTI Application is attached as Annexure-A to this appeal.	+	===== Who can file the appeal =====

		+	* The original RTI applicant, aggrieved by deemed refusal, refusal, partial supply, misleading information, or exorbitant fee — under §19(1).
		+	* A third party whose information has been ordered to be disclosed under §11(3) — under §19(2). This is the only route for a third party to contest disclosure once the PIO has approved it.

-	In case of No response: The said Application was received and acknowledged by the office of PIO on ............... As per Section-7(1) of the RTI Act, the PIO is required to decide RTI application within 30 days from the date of its receipt. However, the PIO did not decide the application within the stipulated time.	+	===== Finding the First Appellate Authority =====

-	OR	+	- First place to look — the PIO's reply must name the FAA under §7(8)(iii). Open the order, scroll to the bottom.
		+	- Second place — the public authority's website under "Right to Information" / "Section 4 disclosures". Every authority must publish PIO + FAA + APIO contact details under §4(1)(b)(xvi).
		+	- Third place — the RTI Notice Board at the public authority's reception. Telephoning the office's general line works too.
		+	- If none of the above — address the appeal as //"The First Appellate Authority under RTI, Office of [Authority Name and Address]"// and send to the same address as the PIO. The receiving office is bound to forward it.
		+	- APIO route — under §5(2), an appeal can also be lodged via the APIO at the nearest sub-office for onward transmission to the FAA.

-	In case of Exorbitant Fee: The SPIO decided the said RTI Application in terms of Section-7(1) of Act and communicated further Fee for providing information vide communication dt: ………………….. . SPIO demanded Application fee of Rs. 7980 for 798 cases and Rs. 4788 towards document charges for 798 pages. The Fee demanded by SPIO is unreasonable and in total contravention of the proviso under Section-7(5), which stipulates that the fee prescribed under Sub-Section(1) of Section-6 and sub-section(1) and (5) of Section-7 shall be reasonable. The Fee thus prescribed is Rs.10 per RTI Application and Rs.2 per page of A4 information.	+	===== Time limits — six concrete situations =====

-	OR	+	^ # ^ Situation ^ Time limit (from RTI receipt at PIO) ^
		+	\| 1 \| PIO didn't respond within 30 days \| After Day 30 (+7 days postal transit), within 60 days \|
		+	\| 2 \| RTI submitted via APIO; PIO didn't respond within 30 days \| After Day 35 (+7 transit), within 65 days \|
		+	\| 3 \| RTI transferred under §6(3); transferee PIO didn't respond \| After 30 (+7 transit) days from transferee receipt, within 60 days \|
		+	\| 4 \| §11(1) notice issued, no decision within 40 days \| After Day 40 (+7), within 70 days \|
		+	\| 5 \| PIO's §11(3) decision (third-party objection route) \| Within 30 days of receipt of the decision \|
		+	\| 6 \| PIO replied but applicant dissatisfied — incorrect / incomplete / misleading / fee \| Within 30 days of receipt of decision \|

-	**In case of denial: The applicant demanded 3 counts of the information. CPIO denied information with regard to item no.1 i.e. certified copy of Caste certificate submitted by Mr.Xyz at the time of appointment, under the plea that the information is personal in nature and shall invade the privacy of the employee concerned. This contention is totally wrong. PIO failed to cogently arrive at a conclusion as how the document submitted in response to recruitment notice, which culminated in the appointment of the employee, is personal information. The decision of PIO is malafide and not supported by reasoning**.	+	The **+7 days postal transit allowance is consistently read in by FAAs and the CIC. The safe rule of thumb: file at Day 31, never argue transit**.

		+	===== What to write — the seven mandatory parts =====

		+	- Title and addressing — //"Before The First Appellate Authority under RTI, [Office of the Public Authority]"// followed by //"Appeal under Section 19(1) of the Right to Information Act, 2005."//
		+	- Brief facts — date of original RTI; what was sought; PIO's decision (or deemed denial); what was supplied / not supplied; why aggrieved. Annex RTI as Annexure-A and PIO order (if any) as Annexure-B.
		+	- Grounds for appeal — logical reasons indicating //how// and //why// the PIO erred. Each ground a separate numbered paragraph. Cite the section of the RTI Act / state rules. Cite case law where applicable (//Bhagat Singh//, //Aditya Bandopadhyay//, //Jayantilal Mistry//, //Shaunak Satya//, //Adesh Kumar//).
		+	- Personal-hearing request — the FAA is required to grant a hearing under §19(5) in compliance with natural justice. Write at the end: //"the appellant requests a personal hearing under Section 19(5) before disposal."// Hearing is not mandatory for the appellant — skip if you cannot attend.
		+	- Prayers — specific reliefs sought.
		+	- Signature — right-bottom, with date and full address.
		+	- Annexures — self-attested photocopy of the RTI; PIO reply (if any); Speed Post AD card / India Post delivered-status printout proving PIO receipt date; supporting documents.

-	===== Grounds of appeal =====	+	===== Sample brief facts — pick the one that fits =====

-	In case of No response: The total time available for PIO to supply information is 30 days in terms of Section-7(1) read with s.7(3)(a) of the Act. However, the PIO neither communicated his decision on my RTI Application nor supplied information within stipulated time limit of 30 days. No response on the part of PIO is a deemed denial of information in terms of S.7(2) of RTI Act, 2005.	+	==== Situation A — No PIO response (deemed refusal) ====

-	OR	+	//"I have preferred Application dated [____] under Section 6(1) read with Section 3 of the Right to Information Act, 2005, before the SPIO, [Office of Public Authority]. The application was received and acknowledged on [____] (Speed Post AD card at Annexure-B). As per Section 7(1), the PIO is required to decide within 30 days from receipt. As on the date of this appeal, no order has been received. The silence amounts to a deemed denial under Section 7(2)."//

-	In case of exorbitant Fee: What I have sought from the SPIO is the list of persons enlisted under Section-79 A/B of KLR Act from 2010 to 2013. Such an information is required to be maintained by the Public Authority in compliance of the Land Reforms Act. Therefore the list showing information in 3 counts was required to be offered by SPIO. Instead, he made an unreasonable and illegal demand of Application Fee and further fee with malafide intention to discourage the Applicant from obtaining the information from your Public Authority. SPIO treated each person listed under Sec-79 A/B of KLR Act as a case of separate RTI Application and demanded Application Fee of Rs.10/-. Subject matter of RTI application dt: …………. is only one and asked three counts of information on same subject. Therefore there is no question of treating each case falling under Section-79 A/B of the Karnataka Land Reforms Act, as separate RTI Application. There is no basis for SPIO to demand Application Fee of Rs. 10/- for each of the 798 cases falling under Sec-79 A/B of KLR Act, which information is available and ready for supplying to the Applicant. SPIO has failed to give reasons for treating each of the 798 cases enlisted in KLR Act as a Separate RTI Application for demanding Application Fee of Rs.7980/-. As there is only one RTI Application seeking 3 counts of information on single subject, SPIO erred in asking applicant to remit Rs.7980 towards Application Fee. The ADDITIONAL application fee demanded by SPIO is illegal, unreasonable and with malafide intention to discourage this applicant from obtaining the information.	+	==== Situation B — Exorbitant further fee ====

-	OR	+	//"The SPIO communicated further fee vide letter dated [____] (Annexure-B) demanding Rs [____] application fee + Rs [____] document charges for [____] pages. The fee is in excess of the Rules — the application fee under the Central RTI (Regulation of Fee and Cost) Rules, 2005 is Rs 10 per RTI, and Rs 2 per page of A4 information. The SPIO has fragmented one consolidated RTI into multiple application-fee demands with the malafide intent of discouraging disclosure. The fee proviso to Section 7(5) requires fees to be //reasonable//; this demand is not."//

-	In case of denial: The caste certificate was submitted by the employee to the recruitment authority, much before his employment in the public authority, which became part of his service record after appointment. Recruitment is a public activity, which involves participation and interest of large number of aspirants. Caste certificate in question is not a document created during the service period of the employee, and therefore not a matter between the employer and employee, but related to public activity of recruitment and hence provisions of Section-8(1)(j) is not attracted in claiming exemption. Exemption can be claimed under sec-8(1)(j) only with respect to those information which relates to personal information, the disclosure of which has no relationship to any public activity or interest. However, in the present case, the disclosure has direct relationship to the recruitment which was and is a public activity and hence PIO erred in claiming exemption under Section-8(1)(j) purportedly considering that disclosure of Caste Certificate shall invade privacy of the employee. In view of this, the exemption claimed by PIO is wrong. The information sought is not qualified for any exemption. Therefore, caste certificate is required to be supplied to the appellant.	+	==== Situation C — Wrong invocation of Section 8(1)(j) ====

-	Free of charge: PIO failed to supply information within 30 days and hence the applicant is entitled to receive information free of charge in terms of Sec-7(6) of the Act.	+	//"The CPIO denied information on item [____] under Section 8(1)(j) — //personal information, unwarranted invasion of privacy//. The records sought arise from a recruitment / public-activity process; recruitment is a public activity per //Bhagat Singh v. CIC// (Delhi HC W.P.(C) 3114/2007). After the DPDP Act 2023 amendment to Section 8(1)(j) (Section 44(3), notified 14 November 2025), the public-interest override now operates only through Section 8(2); the PIO's order conflates the old and new text and is therefore based on a wrong reading of the statute. Severability under Section 10 was not even attempted."//

-	Personal hearing: Applicant may be heard personally by this Appellate Authority before deciding the appeal.	+	===== Sample grounds — pick the one that fits =====

-	===== Prayer =====	+	==== Ground A — No response by Day 30 ====

-	- direct SPIO to supply information as sought vide my RTI Application dt: …………………, free of cost, within a period of 10 days from the decision of this Appeal.	+	//"The total time available for the PIO to supply information is 30 days under Section 7(1) read with Section 7(3)(a). The PIO neither communicated his decision nor supplied information within the stipulated period. No response is a deemed denial under Section 7(2). The appellant is therefore entitled to receive the information free of cost under Section 7(6) of the Act."//
-	- in the eventuality of this Appellate Authority arriving at a decision other than what is stated above(1), the PIO be put to strict proof in terms of Section-19(5) of RTI Act, specifically that the demand of Rs.7890/- towards Application Fee and Rs. 4788 towards 798 pages of information is within the frame work of RTI Act, 2005 and the Rules framed thereunder and this Hon'ble Appellate Authority may further be pleased to record and supply to this Appellant in terms of Section-19(5) of the Act, such proof produced to the subjective satisfaction of this Appellate Authority, which cogently led this Appellate Authority to arrive at a decision other than ordering to supply information free-of-cost as mandated under Sec-19(5) r/w Sec-4(1)(d)of the Act.	+
-	- the present appeal be disposed off by this Hon'ble Appellate Authority within 30 days of its receipt as provided under Section-19(6) of the Act;	+

-	===== Sample downloads =====	+	==== Ground B — Exorbitant further fee ====

		+	//"What the appellant has sought is a single category of information on a single subject. The SPIO has fragmented this single application into multiple application-fee demands, each at Rs 10, with malafide intention to discourage the appellant. There is no statutory basis under the RTI Act, 2005 or the RTI (Regulation of Fee and Cost) Rules, 2005 for treating one consolidated RTI as multiple separate RTIs. The further-fee demand is illegal, unreasonable, and intended to defeat the right granted under Section 3 of the Act."//

-	* 1st Appeal on the ground of no response i.e. deemed refusal(({{:guide:applicant:first-appeal:general_first_appeal_for_deemed_refusal_of_information.doc\|General first Appeal for deemed Refusal of Information}}))	+	==== Ground C — Wrong invocation of Section 8(1)(j) ====

		+	//"Exemption under Section 8(1)(j) is available only for information with no relationship to public activity and where disclosure would unwarrantedly invade privacy. The records arise from a recruitment process — a public activity within //Bhagat Singh v. CIC// (Delhi HC W.P.(C) 3114/2007). Even if a part is exempt, Section 10(1) and 10(2) require the non-exempt part to be supplied — the PIO has not done so. Section 8(2) public-interest override has not been considered."//
		+
		+	===== Sample prayer (relief sought) =====
		+
		+	- Direct the SPIO to supply the information sought vide RTI Application dated [____], free of cost under §7(6), within 10 days from the date of this appeal's decision.
		+	- In the eventuality of the FAA arriving at a decision other than the above, the PIO be put to strict proof under §19(5).
		+	- Direct the PIO to supply certified copies of the information.
		+	- Record and supply reasons under §19(5) read with §4(1)(d) for any decision adverse to the appellant.
		+	- Dispose the appeal within 30 days of receipt as provided under §19(6).
		+	- Grant a personal hearing to the appellant under §19(5) before disposal.
		+
		+	===== Online filing — central + state portals =====
		+
		+	^ Authority ^ Online portal ^ Notes ^
		+	\| Central public authorities \| [[https://rtionline.gov.in\|rtionline.gov.in]] → "First Appeal" against the original RTI registration number \| Free for central; 100% online \|
		+	\| Maharashtra \| rti.maharashtra.gov.in \| Rs 20 fee; payment online \|
		+	\| Karnataka \| rtigateway.karnataka.gov.in \| Free; integrated with state PIO directory \|
		+	\| Delhi \| rtionline.delhi.gov.in \| Free; mirrors central portal flow \|
		+	\| Tamil Nadu \| tnrti.tn.gov.in \| Free; supports Tamil + English \|
		+	\| Other states \| Most states have a portal — search //"[state] RTI online"// \| Some still require offline filing \|
		+
		+	If your state portal doesn't support online appeals, Speed Post (AD) from India Post is the universally accepted route. Track delivery via [[https://www.indiapost.gov.in/articleTracking.aspx#Tracked\|India Post tracking]] and print the delivered-status for your record.
		+
		+	===== Fee, format, and submission =====
		+
		+	* Fee for First Appeal — central authorities: No fee under the Central RTI Rules, 2012.
		+	* Fee for First Appeal — states: Some states prescribe a fee (Maharashtra Rs 20, Andhra Pradesh Rs 10, others nil). Always check the State RTI Rules.
		+	* Format: No prescribed format for central appeals. Some states prescribe a format — comply where prescribed; otherwise the seven-part structure above is universally accepted.
		+	* Submission: Speed Post with AD or Registered Post AD; or online via the relevant portal.
		+	* Personal delivery: Acceptable, but always insist on a date-stamped acknowledgement copy. Never courier — courier delivery is not accepted as proof in many CIC orders.
		+	* Multiple appeals on the same day: Put a different date on each appeal so the FAA's responses are distinguishable.
		+	* Preserve the bundle: Keep one full set of the appeal, all annexures, the original India Post receipt, and the AD card / delivered-status printout in a single folder. You will need it at Second Appeal stage.
		+
		+	===== Section 19 appeal vs Section 18 complaint — they are different =====
		+
		+	A common confusion: the §19 appeal and the §18 complaint serve different purposes and run on parallel tracks.
		+
		+	^ Dimension ^ Section 19 (Appeal) ^ Section 18 (Complaint) ^
		+	\| Forum \| FAA → Central/State Information Commission \| Information Commission directly \|
		+	\| Remedy \| Get the records you sought \| Sanction the PIO for non-compliance / mala-fide refusal \|
		+	\| Time limit \| 30 days (FA) + 90 days (SA) \| No specific limit \|
		+	\| Outcome \| Information supply order; free-of-cost supply under §7(6) \| Penalty up to Rs 25,000 under §20 + departmental action recommendation \|
		+	\| Run in parallel? \| Yes — file §19 appeal and §18 complaint where bad-faith pattern exists \| Same \|
		+	\| Who hears \| FAA → Commission Chair / State Commissioners \| Commission Chair / State Commissioners \|
		+	\| Burden of proof \| On the PIO under §19(5) \| On the complainant, with PIO opportunity to be heard \|
		+
		+	For most citizens, §19 is the right starting point. §18 makes sense when the PIO's behaviour is part of a pattern and the citizen wants the systemic remedy of penalty + departmental action.
		+
		+	===== When does the FAA matter most? =====
		+
		+	The First Appeal is decisive in:
		+
		+	* Deemed-refusal cases — FAA can order free-of-cost supply under §7(6).
		+	* Exorbitant further fee — FAA can fix a reasonable fee under §7(5) without escalation.
		+	* Wrong §8(1)(j) invocation — FAA can apply //Bhagat Singh// + §44(3) DPDP-amended text and order disclosure.
		+	* Fragmented disclosure / no §10 severance — FAA can order severance and supply.
		+	* §7(3) further-fee disputes — FAA cuts the fee to the prescribed Rs 10 + Rs 2/page floor.
		+
		+	The FAA is not decisive when:
		+
		+	* Systemic policy of withholding (surveillance, intelligence, classified files) — go straight to Second Appeal under §19(3) + parallel Section 18 complaint.
		+	* PIO acted in bad faith — Section 18 to the CIC / SIC under §18(1)(c)/(d) is the right route, parallel to §19.
		+
		+	===== After the FAA — Second Appeal to the Information Commission =====
		+
		+	* Time limit: Within 90 days of the FAA order (or non-decision past 45 days) under Section 19(3).
		+	* Forum: Central Information Commission (CIC) for central authorities; State Information Commission (SIC) for state authorities.
		+	* Forum portals: [[https://cic.gov.in\|cic.gov.in]] for central; respective state SIC portals.
		+	* No fee for Second Appeal at CIC. State SIC fees vary.
		+	* Penalty under Section 20: The Commission can impose Rs 250/day (max Rs 25,000) on the PIO for malafide refusal, undue delay, or supplying false/misleading information. Plead this as relief in your Second Appeal grounds.
		+	* Implementation: Commission orders are enforceable under §19(7); non-implementation triggers contempt before the High Court.
		+
		+	→ [[:guide:applicant:second-appeal:start\|Second Appeal — full procedure]] with sample memo.
		+
		+	===== Common errors that get appeals dismissed =====
		+
		+	- Filing past Day 30 without seeking condonation. The FAA can condone delay under §19(1), but you must explicitly plead it with reasons.
		+	- No annexure of the original RTI. Without proof of original filing, the FAA cannot verify the timeline.
		+	- No proof of PIO receipt date. Speed Post AD card / delivered-status printout is the default proof.
		+	- Vague grounds. "PIO is wrong" is not a ground. State which Section / Rule the PIO violated and how.
		+	- Asking for new questions in the appeal. The §19 appeal addresses only the original RTI's questions. New questions need a fresh §6(1) RTI.
		+	- Not pleading §7(6) free-of-cost supply when applicable. The FAA can grant it but won't if you don't plead.
		+	- Not requesting a personal hearing when you want one. The FAA grants on request.
		+	- Filing to the wrong FAA (e.g., from another department of the same ministry). Verify with the PIO order's §7(8)(iii) reference.
		+
		+	===== Frequently asked questions =====
		+
		+	==== When does the 30-day appeal clock start — Day 30 or Day 31? ====
		+	The clock for First Appeal starts from the date of receipt of the PIO order by the applicant, or from the expiry of the 30-day period if there is no order. §19(1) gives 30 days from that trigger. File on Day 31 to avoid any postal-transit dispute.
		+
		+	==== Is there a fee for First Appeal? ====
		+	No fee for central public authorities under the Central RTI Rules, 2012. Some states prescribe a fee (Maharashtra Rs 20, Andhra Pradesh Rs 10, Delhi nil). Always check your State RTI Rules.
		+
		+	==== Do I have to attend the FAA hearing? ====
		+	No. The FAA must //grant// a hearing under §19(5), but attendance is the appellant's choice. If you cannot travel, decide the appeal on written submissions only — explicitly state this in the prayer.
		+
		+	==== Can I file the First Appeal online? ====
		+	Yes for central authorities — via [[https://rtionline.gov.in\|rtionline.gov.in]] under "First Appeal" against the original RTI registration number. Most state portals (Maharashtra, Karnataka, Delhi, Tamil Nadu) also support online filing. Speed Post (AD) remains the universal fallback.
		+
		+	==== What if the FAA doesn't reply either? ====
		+	Treat silence past 45 days as deemed disposal and file a Second Appeal under §19(3) to the CIC / SIC within 90 days. Mention the FAA's failure as a separate ground.
		+
		+	==== Can the PIO appear at the FAA hearing? ====
		+	Yes. §19(5) requires the PIO to show cause why the appeal should not be allowed. The PIO will typically file a written statement; sometimes the PIO appears in person, especially in §8 / §11 disputes.
		+
		+	==== Can a third party file a First Appeal? ====
		+	Yes — a third party whose information has been ordered to be disclosed under §11(3) can appeal under §19(2) within 30 days. This is the only route for a third party to contest disclosure.
		+
		+	==== What documents must I attach? ====
		+	(a) Self-attested photocopy of the RTI Application (Annexure-A); (b) Self-attested copy of the PIO order, if any (Annexure-B); (c) Speed Post AD card / India Post delivered-status printout proving PIO receipt date; (d) Any other supporting document — case law, prior correspondence.
		+
		+	==== Can I add new questions in the First Appeal that were not in my original RTI? ====
		+	No. The First Appeal can challenge the PIO's decision only on the questions originally raised. New questions require a fresh RTI under §6(1).
		+
		+	==== What if the PIO supplied partial information? Can I still appeal? ====
		+	Yes. File the First Appeal challenging the non-supply part. Quote §10(1) and §10(2) — the PIO is bound to sever and supply the non-exempt parts.
		+
		+	==== Can the FAA impose a penalty on the PIO? ====
		+	No — penalty under §20 is the exclusive jurisdiction of the Information Commission (CIC / SIC). The FAA can direct supply but cannot impose a fine. To get a penalty, plead §20 in your Second Appeal before the Commission.
		+
		+	==== Is the FAA's order binding on the PIO? ====
		+	Yes. The FAA is the senior officer of the same public authority; the order is administratively binding. Non-compliance can be raised before the CIC / SIC under §19(8) along with a §20 penalty plea.
		+
		+	==== What if the FAA confirms the PIO's refusal? ====
		+	File a Second Appeal under §19(3) to the CIC / SIC within 90 days. The Commission can review on facts and law — and impose §20 penalty if mala fide is established.
		+
		+	==== Can I file an appeal in a regional language? ====
		+	Yes — Hindi or any scheduled language under the Eighth Schedule. The FAA must respond in the same language or English under §4(4) read with State RTI Rules.
		+
		+	===== Sample download =====
		+
		+	* General first appeal (deemed refusal) — {{:guide:applicant:first-appeal:general_first_appeal_for_deemed_refusal_of_information.doc\|Word file}}
		+
		+	→ [[https://righttoinformation.wiki/tools/first-appeal-app.html\|⚖ Open First Appeal Builder]] — generates the complete appeal letter with your facts, grounds, and prayers in 5 minutes. Free, no login.
		+
		+	===== Citizen-action checklist =====
		+
		+	- [ ] Day 31 hit without PIO reply? Date noted on calendar
		+	- [ ] Original RTI + Speed Post AD card / delivered-status printout in folder
		+	- [ ] PIO order (if any) printed; FAA name + designation noted from §7(8)(iii)
		+	- [ ] Brief facts drafted (use Situation A / B / C above)
		+	- [ ] Grounds drafted (use Ground A / B / C above)
		+	- [ ] Prayer including §7(6) free-of-cost supply where applicable
		+	- [ ] Personal-hearing request added (or skipped intentionally)
		+	- [ ] Online portal filed OR Speed Post (AD) tracking number saved
		+	- [ ] Calendar reminder set for Day 30 / 45 from FAA receipt
		+	- [ ] Second Appeal letter pre-drafted as Day 91 fallback
		+	- [ ] §18 complaint considered if bad-faith pattern exists
		+
		+	===== Related on RTI Wiki =====
		+
		+	* [[:guide:applicant:first-appeal\|First Appeal — overview hub]]
		+	* [[:guide:applicant:second-appeal:start\|Second Appeal to CIC / SIC]]
		+	* [[:explanations/grounds-for-rejection\|RTI grounds for rejection — 10 valid §8 grounds + counter-strategies]]
		+	* [[https://righttoinformation.wiki/guide/applicant/application/sample/start\|Sample RTI applications — 40+ subjects]]
		+	* [[:rti-for-pmay-status\|RTI for PMAY status — citizen guide]]
		+	* [[:check-status/voter-id-status\|Voter ID status — EPIC tracker, RTI escalation]]
		+	* [[https://righttoinformation.wiki/guide/applicant/application/sample/toll-collection\|Toll plaza RTI — concession agreement]]
		+	* [[:rules:start\|RTI Rules — central + state fee tables]]
		+	* [[https://righttoinformation.wiki/tools/first-appeal-app.html\|First Appeal Builder]] · [[https://righttoinformation.wiki/tools/timeline-calculator-app.html\|Timeline Calculator]] · [[https://righttoinformation.wiki/tools/pio-reply-checker-app.html\|PIO Reply Checker]] · [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html\|AI RTI Drafter]]
		+
		+	===== Sources =====
		+
		+	* The Right to Information Act, 2005 — Sections 4(1)(b)(xvi), 4(1)(d), 5(2), 6(1), 6(3), 7(1), 7(2), 7(3), 7(5), 7(6), 7(8)(iii), 8(1), 10, 11, 18, 19(1), 19(2), 19(3), 19(5), 19(6), 19(7), 19(8), 20
		+	* The Right to Information Rules, 2012 (Central) — First Appeal fee and format
		+	* State RTI Rules — Maharashtra, Andhra Pradesh, Delhi, Tamil Nadu, Karnataka — see [[:rules:start\|state-wise table]]
		+	* The Digital Personal Data Protection Act, 2023 — §44(3) amending RTI §8(1)(j) (effective 14 November 2025)
		+	* //Bhagat Singh v. Chief Information Commissioner//, Delhi HC W.P.(C) 3114/2007 — speaking-order requirement on §8 invocations
		+	* //CBSE v. Aditya Bandopadhyay//, (2011) 8 SCC 497 — answer-script disclosure as public interest, §8(1)(e) narrow
		+	* //ICAI v. Shaunak Satya//, (2011) 8 SCC 781 — fiduciary clause on examiner identity
		+	* //Reserve Bank of India v. Jayantilal N. Mistry//, (2016) 5 SCC 136 — public-interest override on commercial-confidence
		+	* //Adesh Kumar v. Union of India//, Delhi HC 2014 — burden of proof on the PIO under §19(5)
		+	* //R.K. Jain v. UoI//, (2013) 14 SCC 794 — post-decisional disclosability of file notings
		+	* Central Information Commission — [[https://cic.gov.in\|cic.gov.in]] (orders database)

	~~socialite~~		~~socialite~~
		+	{{indexmenu>:guide:applicant#3}}
		+	[<>]
	~~LINKBACK:closed~~		~~LINKBACK:closed~~
		+
		+	<WRAP center round help 95%>
		+	New to RTI? File your first application in ten minutes with our [[:file-rti-online-india\|How to File RTI Online — 2026 step-by-step guide]] — ready-to-use English / Hindi template, the Rs 10 online fee flow, and the appeal path.
		+	</WRAP>
		+
		+	{REVIEWED}
		+
		+	//Last reviewed: 4 May 2026 — RTI Wiki editorial team. All citations verified against the RTI Act 2005, RTI Rules 2012, state RTI rules, the DPDP Act 2023, and CIC / SC / HC orders as on 4 May 2026.//
		+
		+	{{tag>rti guide applicant first-appeal section-19 FAA section-18 second-appeal CIC SIC 2026 india}}
		+

Right to Information Wiki

First Appeal under RTI — §19(1) procedure + online routes (2026)